Commonwealth v. Fredericks
Massachusetts Supreme Judicial Court
Complaint under the St. of 1875, e. 99, to the Municipal Court of the Charlestown District, by J. B. Cotton, charging William Fredericks with unlawfully selling intoxicating liquors in said district, on August 10, 1875, “ to a person whose name is to your complainant unknown, he, the said Fredericks, not being then and there authorized to sell the same in said Commonwealth for any purpose under the provisions of chapter ninety-nine of the acts of the year eighteen hundred…
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Complaint under the St. of 1875, e. 99, to the Municipal Court of the Charlestown District, by J. B. Cotton, charging William Fredericks with unlawfully selling intoxicating liquors in said district, on August 10, 1875, “ to a person whose name is to your complainant unknown, he, the said Fredericks, not being then and there authorized to sell the same in said Commonwealth for any purpose under the provisions of chapter ninety-nine of the acts of the year eighteen hundred and seventy-five of this Commonwealth, or by any legal authority whatever; against the peace of said Commonwealth, and the…
1Opinion of the CourtGray, C. J.
There is no plausible ground for sustaining any of the exceptions taken and argued in this case.
1. The complaint distinctly and sufficiently negatives all authority of the defendant to sell intoxicating liquors, whether derived from the St. of 1875, c. 99, or from any other source. Commonwealth v. Lafontaine, 3 Gray, 479. Commonwealth v. Gilland, 9 Gray, 3. Commonwealth v. Dunn, 14 Gray, 401. Commonwealth v. Costello, 118 Mass. 454.
2. The alleged misnomer of the defendant, not being apparent on the record, cannot be availed of by motion to dismiss, but only by plea in abatement. Commonwealth…
2Cases cited5 opinions
- Commonwealth v. BennettMassachusetts Supreme Judicial Court · 1871
- Commonwealth v. DeanMassachusetts Supreme Judicial Court · 1872
- Commonwealth v. Inhabitants of DedhamMassachusetts Supreme Judicial Court · 1819
- Crosby v. HarrisonMassachusetts Supreme Judicial Court · 1874
- Commonwealth v. CostelloMassachusetts Supreme Judicial Court · 1875
3Cited by25 opinions
- Commonwealth v. GedziumMassachusetts Supreme Judicial Court · 1927
- Liggett Drug Co. v. License CommissionersMassachusetts Supreme Judicial Court · 1936
- Commonwealth v. HaydenMassachusetts Supreme Judicial Court · 1895
- Commonwealth v. PetranichMassachusetts Supreme Judicial Court · 1903
- Connor v. CommonwealthMassachusetts Supreme Judicial Court · 1973
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